2018 Oklahoma Statutes
Title 30. Guardian and Ward
§30-4-104. Eligibility of nonresidents - Foreign trust companies or institutions - Domestic corporations or trust companies
A. Only a person who is a citizen or legal resident of or legally present in the United States of America shall be eligible to be appointed guardian of the property or person of a minor or an incapacitated or partially incapacitated person by the courts of this state, except as provided under subsection G of Section 4-105 of this title.
B. Only a person who has been a resident, in good faith, of this state for one (1) year past shall be eligible to be appointed guardian of the property or person of a minor or an incapacitated or partially incapacitated person by the courts of this state, and no foreign trust company or institution shall be appointed guardian of the property or person of any minor or an incapacitated or partially incapacitated person by the courts of this state. Provided that this shall not prevent a person from being appointed guardian of his or her own spouse, child, children, grandchild, grandchildren, parent, grandparent, brother, sister, aunt, uncle, niece or nephew even though he or she is a nonresident of this state.
C. No domestic corporation or trust company shall be appointed or qualify as guardian of a minor or incapacitated or partially incapacitated person unless such company is at the time a resident of and maintains its usual place of business in the county of the residence of such minor or incapacitated or partially incapacitated person. No such company shall be appointed or act as such guardian unless its principal place of business is located in the county where such proceedings are filed and conducted. Such a domestic corporation or a natural person not a resident of this state may be appointed as such guardian upon the written request in a will or otherwise of a person eligible to make such nomination pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act.
Added by Laws 1927, c. 39, p. 60, § 1. Amended by Laws 1933, c. 79, p. 144, § 1; Laws 1953, p. 245, § 68; Laws 1967, c. 53, § 1, emerg. eff. April 14, 1967; Laws 1976, c. 133, § 1; Laws 1977, c. 107, § 1; Laws 1979, c. 258, § 12; Laws 1986, c. 67, § 1, eff. Nov. 1, 1986; Laws 1988, c. 329, § 75, eff. Dec. 1, 1988. Renumbered from Title 58, § 775 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 54, operative July 1, 1990; Laws 2016, c. 370, § 1, eff. Nov. 1, 2016.
